Operative time during growth phase—reduction of later standard pension or lump sum amount
49D Operative time during growth phase—reduction of later standard pension or lump sum amount
If:
at the operative time, standard pension is not payable in respect of the original interest; and
after the operative time, standard pension becomes payable to the member spouse in respect of the original interest;
then the annual rate of that standard pension is reduced to the amount calculated under the Orders.
If the member spouse dies before becoming entitled to standard pension, then subsection (1) will nevertheless result in an indirect reduction of any widow’s pension or spouse pension that becomes payable. This happens because the amount of the widow’s pension or spouse pension is based on the amount of invalidity pay (a standard pension) that would have become payable to the member spouse at the time of death.
A reduction under subsection (1) is to be disregarded in calculating the amount of any non‑standard pension that later becomes payable.
For example, the reduction will be disregarded in calculating the amount of pension under section 42 payable to a child of the member spouse after the member spouse’s death.
If:
at the operative time, standard pension is not payable in respect of the original interest; and
after the operative time, a lump sum amount becomes payable, in respect of the original interest, under section 32, 48, 48A, 56, 57 or 77;
then that lump sum amount is reduced to the amount calculated under the Orders.
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